BB, R (on the application of) v Special Immigration Appeals Commission & Anor [2012] EWCA Civ 1499 (19 November 2012)

BB, R (on the application of) v Special Immigration Appeals Commission & Anor [2012] EWCA Civ 1499 (19 November 2012)

Article 6(1) ECHR does not apply to bail conditions pending deportation because neither deportation nor ancillary bail proceedings involve determination of civil rights; Article 8 ECHR does not require disclosure of the gist of national security allegations beyond the procedural guarantees established in Al-Nashif and IR (Sri Lanka).

Citation
[2012] EWCA Civ 1499
Parties
Appellant: BB; First Respondent: Special Immigration Appeals Commission; Second Respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
19 November 2012
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Deportation, Bail Conditions, National Security, European Convention on Human Rights, Procedural Fairness
Immigration Human Rights Administrative Law Deportation Bail Conditions National Security European Convention on Human Rights Procedural Fairness

Case Brief

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Parties

BB

Appellant

Special Immigration Appeals Commission

First Respondent

Secretary of State for the Home Department

Second Respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Article 6(1) ECHR applies to bail conditions pending deportation
  2. 2 Whether Article 8 ECHR requires disclosure of the gist of national security allegations in bail proceedings

Ratio Decidendi

Article 6(1) ECHR does not apply to bail conditions pending deportation because neither deportation nor ancillary bail proceedings involve determination of civil rights; Article 8 ECHR does not require disclosure of the gist of national security allegations beyond the procedural guarantees established in Al-Nashif and IR (Sri Lanka).

Court Disposition

Appeal dismissed

Orders

  • Appeal on Article 6(1) ECHR issue dismissed
  • Appeal on Article 8 ECHR issue dismissed